STATUTORY CONSTRUCTION UNDER THE HUMAN RIGHTS ACT: A RADICAL DEPARTURE

By Richard Clayton QC

Statutory interpretation under the Human Rights Act is a critical means by which the Act gives effect to Convention rights.  Section 3 of the Act provides:

‘So far as possible to do so, primary legislation and secondary legislation should be read and given effect in a way which is compatible with Convention rights.’

If such a construction is not possible, then the court has the power to grant a declaration of incompatibility under section 4.

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